Illegality/public Policy Flashcards
What is a bilateral mistake?
Mistake of both parties
What is unilateral mistake?
A mistake of one party
What is easier to prove, mistake or misrepresentation?
Misrepresentation
What may happen is a contract is void for mistake?
It may effect innocent third parties
What does it mean if parties are at cross purposes?
The offer and acceptance do not correspond
What is common mistake also called?
Mutual mistake
What is a common mistake?
Both parties share a mistaken assumption
What did lord Atkin say when mistake operates upon a contract?
It does so to negative or nullify the consent of the parties
What happens when the goods have perished without the sellers knowledge
The contract is void
If the subject matter does not exist at the time if the sale
The contract is void
What are the 3 cases of mistake as to the possibility of performance?
Physical impossibility
Legal impossibility
Commercial impossibility
What is the difference where one party or both parties are mistaken?
If one there is a breach if contract
If both the contract is void
When can unilateral mistakes render a contract void?
The non-mistaken party is aware if the mistake and proceeds anyway
When the non-mistaken party has created the mistake in order to make the other party mistaken
Who will the courts favour in most mistaken identity cases?
The third party
What must the signer prove in showing documents were signed under misapprehension as to their contents?
That he was not negligent. That he took all due care
